19.01.2015 Views

Flood Damage Prevention Ordinance - Mason County

Flood Damage Prevention Ordinance - Mason County

Flood Damage Prevention Ordinance - Mason County

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

<strong>Ordinance</strong> No. 87–08, Attachment A<br />

MASON COUNTY FLOOD DAMAGE PREVENTION ORDINANCE<br />

SECTION 1.0<br />

STATUTORY AUTHORIZATION, PURPOSE, AND OBJECTIVES<br />

1.1 STATUTORY AUTHORIZATION<br />

The Legislature of the State of Washington has delegated the responsibility to local<br />

governmental units to adopt regulations designed to promote the public health, safety,<br />

and general welfare of its citizenry. RCW 36.70A.060 and RCW 36.70A.170 provides<br />

for the designation and regulation of Frequently <strong>Flood</strong>ed Areas, and Chapter 86.16 RCW<br />

provides for the administration of National <strong>Flood</strong> Insurance Program regulation<br />

requirements by local governments. This ordinance as adopted and amended shall be<br />

known as the <strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong>.<br />

1.2 PURPOSE<br />

1.2-1 Background<br />

The flood hazard areas of <strong>Mason</strong> <strong>County</strong> are subject to periodic inundation which can<br />

result in loss of life and property, health, and safety hazards, disruption of commerce and<br />

governmental services, extraordinary public expenditures for flood protection and relief,<br />

and impairment of the tax base, all of which adversely affect the public health, safety,<br />

and general welfare. These flood losses could be exacerbated by the cumulative effect of<br />

obstructions in areas of special flood hazards which increase flood heights and velocities,<br />

and when inadequately anchored, damage uses in other areas. Uses that are inadequately<br />

floodproofed, elevated, or otherwise protected from flood damage also contribute to the<br />

flood loss.<br />

<strong>Mason</strong> <strong>County</strong> has prepared this flood damage prevention ordinance to implement<br />

comprehensive flood damage reduction measures that are necessary for public health<br />

safety and welfare and that allow property owners to protect their property. Additional<br />

information about the Skokomish River valley has been developed through recent<br />

studies, and such data is relevant to this ordinance. Further studies in the Skokomish<br />

River floodplain are currently being undertaken under the authority of the Army Corps of<br />

Engineers.<br />

1.2-2 Purpose<br />

It is therefore the purpose of this ordinance to promote the public health, safety, and<br />

general welfare, and to minimize public and private losses due to flood conditions in<br />

specific areas by provisions designed:<br />

(1) To protect human life, health and property;<br />

(2) To minimize expenditure of public money and costly flood damage control<br />

projects;<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 1<br />

Effective August 18, 2008


(3) To minimize the need for rescue and relief efforts associated with flooding and<br />

generally undertaken at the expense of the general public;<br />

(4) To minimize prolonged business and farming interruptions;<br />

(5) To minimize damage to public facilities and utilities such as water and gas mains,<br />

electric telephone and sewer lines, streets, and bridges located in areas of special<br />

flood hazard;<br />

(6) To help maintain a stable tax base by providing for the sound use and<br />

development of areas of special flood hazard so as to minimize future flood blight<br />

areas;<br />

(7) To ensure that potential buyers are notified that property is in an area of special<br />

flood hazard; and<br />

(8) To ensure that those who occupy the areas of special flood hazard participate,<br />

along with government, in assuming responsibility for their actions.<br />

(9) To allow individuals to protect their life, health, and property when it is done in<br />

accordance with all applicable laws and regulations.<br />

(10) Implement applicable recommendations of Skokomish River Comprehensive<br />

<strong>Flood</strong> Hazard Management Plan.<br />

(11) Provide for continued eligibility for National <strong>Flood</strong> Insurance Program<br />

1.3 METHODS OF REDUCING FLOOD LOSSES<br />

In order to accomplish its purposes, this ordinance provides regulatory methods and<br />

provisions for:<br />

(1) Restricting or prohibiting uses which are dangerous to health, safety, and property<br />

due to water or erosion hazards, or which result in damaging increases in erosion<br />

or in flood heights or velocities;<br />

(2) Requiring that uses vulnerable to floods, including facilities which serve such<br />

uses, be protected against flood damage at the time of initial construction;<br />

(3) Controlling the alteration of natural floodplains, stream channels, and natural<br />

protection barriers, which help accommodate or channel flood waters;<br />

(4) Controlling filling, grading, and other development which may increase flood<br />

damage; and<br />

(5) Preventing or regulating the construction of flood barriers which will unnaturally<br />

divert flood waters or may increase flood hazards in other areas.<br />

(6) Controlling excessive erosion by constructing sound erosion control structures<br />

and obtaining appropriate permits and exemptions from all applicable local, state,<br />

and federal jurisdictions.<br />

(7) Implementing the recommendations of adopted flood hazard studies and plans.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 2<br />

Effective August 18, 2008


SECTION 2.0<br />

DEFINITIONS<br />

Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so<br />

as to give them the meaning they have in common usage and to give this ordinance its most<br />

reasonable application.<br />

“A-ZONE” or “ZONE A” means those areas shown on the <strong>Flood</strong> Insurance Rate Maps (FIRM)<br />

as that area of land within the floodplain which would be inundated by the Base <strong>Flood</strong> (100-year<br />

or one percent annual chance) flood.<br />

“ACCESSORY STRUCTURE” means nonresidential structures such as detached garages, sheds,<br />

garden buildings, pole buildings, and barns which are considered normal for farming and<br />

ranching activities.<br />

“ADMINISTRATOR” means the Director of the <strong>Mason</strong> <strong>County</strong> Department of Community<br />

Development or designee.<br />

“APPEAL” means the right to request for a review of the Administrator’s interpretation of any<br />

provision of this ordinance or a request for a variance.<br />

“AREA OF SHALLOW FLOODING” means a designated AO or AH Zone on the <strong>Flood</strong><br />

Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly<br />

defined channel does not exist; the path of flooding is unpredictable and indeterminate; and,<br />

velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding.<br />

“AREA OF SPECIAL FLOOD HAZARD” means the land in the floodplain within a community<br />

subject to a one percent or greater chance of flooding on any given year. In <strong>Mason</strong> <strong>County</strong>, the<br />

designation of these areas on FIRM maps always includes the letter A. Areas of special flood<br />

hazard are designated as Frequently <strong>Flood</strong>ed Areas.<br />

“AVULSION” means a sudden cutting off of land by flood, currents, or change in course of a<br />

body of water.<br />

“AVULSION RISK AREAS” are the areas which have been determined to have too high a risk<br />

of avulsion to permit new structures or expansion of existing structures.<br />

“BASE FLOOD” means the flood having a (1) percent chance of being equaled or exceeded in<br />

any given year. Also referred to as the “100-year flood.” In <strong>Mason</strong> <strong>County</strong>, the designation on<br />

FIRM maps always includes the letter A.<br />

“BASEMENT” means any area of the building having its floor subgrade (below ground level) on<br />

all sides.<br />

“BREAKAWAY WALL” means a wall that is not part of the structural support of the building<br />

and is intended through its design and construction to collapse under specific lateral loading<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 3<br />

Effective August 18, 2008


forces, without causing damage to the elevated portion of the building or supporting foundation<br />

system.<br />

“CRITICAL FACILITY” means a facility for which even a slight chance of flooding might be<br />

too great. Critical facilities include, but are not limited to schools, nursing homes, hospitals,<br />

police, fire and emergency response installations, installations which produce, use, or store<br />

hazardous materials or hazardous waste.<br />

“DEVELOPMENT” means any man-made change to improved or unimproved real estate,<br />

including but not limited to buildings or other structures, diking, mining, dredging, filling,<br />

grading, paving, excavation or drilling operations or storage of equipment or materials. The area<br />

contained within ring levees is considered to be part of the development area due to its impact on<br />

flood waters.<br />

“DEVELOPMENT PERMIT” see definition for “Permit” under this <strong>Ordinance</strong>.<br />

“ELEVATED BUILDING” means for insurance purposes, a nonbasement building which has its<br />

lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers,<br />

pilings, or columns.<br />

“EMERGENCY” means an unanticipated and imminent threat to public health, safety, or the<br />

environment which requires immediate action within a time period too short to allow for normal<br />

development permit application and review. All emergency development shall be consistent<br />

with all <strong>Mason</strong> <strong>County</strong> Development Regulations.<br />

“ENGINEERING REPORTS” are reports compiled under this <strong>Ordinance</strong> to address<br />

flood-related issues shall be by an engineer licensed in the state of Washington with knowledge<br />

and experience in hydrology. The method and rigor of all investigation, analysis and design<br />

shall be in accordance with current generally accepted engineering standards.<br />

“FLOOD” or “FLOODING” means a general and temporary condition of partial or complete<br />

inundation of normally dry land areas from: (1) The overflow of inland or tidal waters and/or<br />

(2) The unusual and rapid accumulation of runoff of surface waters from any source.<br />

“FLOOD INSURANCE RATE MAP (FIRM)” means the official map on which the Federal Insurance<br />

Administration has delineated both the areas of special flood hazards and the risk premium zones<br />

applicable to the community.<br />

“FLOOD INSURANCE STUDY” means the official report provided by the Federal Insurance<br />

Administration that includes flood profiles, the <strong>Flood</strong> Boundary-<strong>Flood</strong>way Map, and the water<br />

surface elevation of the base flood.<br />

“FLOOD PROOFING” means any combination of structural and non-structural additions,<br />

changes, or adjustments to structures which reduce or eliminate flood damage to real estate or<br />

improved real property, water and sanitary facilities, structures and their contents.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 4<br />

Effective August 18, 2008


“FLOOD PROTECTION ELEVATION” means one foot above the base flood elevation.<br />

“FLOODWAY” means the channel of a river or other watercourse and the adjacent land areas<br />

that must be reserved in order to discharge the base flood without cumulatively increasing the<br />

water surface elevation more than one foot.<br />

“FOOTPRINT” means the total area of the first floor of a structure, regardless of how the<br />

structure is supported, or the total perimeter of any development other than a structure.<br />

“FREQUENTLY FLOODED AREAS” are critical areas designated by <strong>Mason</strong> <strong>County</strong> in its<br />

Resource <strong>Ordinance</strong>.<br />

“LOT” means a designated parcel, tract, or area of land established by plat, subdivision or as<br />

otherwise permitted by law, to be used, developed or built upon as a unit.<br />

“LOWEST FLOOR” means the lowest floor of the lowest enclosed area (including basement).<br />

An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access<br />

or storage, in an area other than a basement area is not considered a building’s lowest floor,<br />

PROVIDED that such enclosure is not built so as to render the structure in violation of the<br />

applicable non-elevation design requirements of this ordinance found at Section 5.2-1(2).<br />

“MANUFACTURED HOME” means a structure, transportable in one or more sections, which is<br />

built on a permanent chassis and is designed for use with or without a permanent foundation<br />

when connected to the required utilities. The term “manufactured home” does not include a<br />

“recreational vehicle”.<br />

“NEW CONSTRUCTION” means structures for which the “start of construction” commenced<br />

on or after the effective date of this ordinance.<br />

“PERMIT” means a written authorization from <strong>Mason</strong> <strong>County</strong> for any construction or<br />

development activity on all lands regulated by this ordinance. Such permits shall include but are<br />

not limited to excavation and grading, permits for fills and excavations under Chapter 70 of the<br />

Uniform Building Code, shoreline permits for developments regulated by the <strong>Mason</strong> <strong>County</strong><br />

Shoreline Master Program, building permits for all structures under the Uniform Building Code<br />

or Title 14, <strong>Mason</strong> <strong>County</strong> Code, or written authorization for development under this <strong>Ordinance</strong>.<br />

“PERSON” means any individual, partnership, corporation, association, organization,<br />

cooperative, public or municipal corporation, or any agency of the state or local government unit<br />

however designated.<br />

“REASONABLE USE EXCEPTION” means the public review process undertaken to allow a<br />

proposed development which is a reasonable use of a site and is consistent with the general<br />

purposes of this <strong>Ordinance</strong> and the public interest.<br />

“RECREATIONAL VEHICLE” means a vehicle which is:<br />

(1) Built on a single chassis;<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 5<br />

Effective August 18, 2008


(2) 400 square feet or less when measured at the largest horizontal projection;<br />

(3) Designed to be self-propelled or permanently towable by a light duty truck; and<br />

(4) Designed primarily not for use as a permanent dwelling but as temporary living<br />

quarters for recreational, camping, travel, or seasonal use.<br />

“REPETITIVE LOSS” means flood-related damages sustained by a structure on two occasions<br />

during a 10-year period for which the costs of repairs at the time of each such flood event, on the<br />

average, equals or exceeds 25 percent of the market value of the structure before the damage<br />

occurred.<br />

“SPECIAL FLOOD RISK ZONE” means the Zones A and A2 floodplain of the Skokomish<br />

River, Vance Creek and tributaries, as identified on <strong>Flood</strong> Insurance Rate Maps 530115 0175 D<br />

and 530115 0180 D, both dated December 8, 1998, or as amended.<br />

“START OF CONSTRUCTION” includes substantial improvement, and means the date the<br />

building permit was issued, provided the actual start of construction, repair, reconstruction,<br />

placement or other improvement was within 180 days of the permit date. The actual start means<br />

either the first placement of permanent construction of a structure on a site, such as the pouring<br />

of slab or footings, the installation of piles, the construction of columns, or any work beyond the<br />

stage of excavation; or the placement of a manufactured home on a foundation. Permanent<br />

construction does not include land preparation, such as clearing, grading and filling; nor does it<br />

include the installation of streets and/or walkways; nor does it include excavation for a<br />

basement, footings, piers, or foundation or the erection of temporary forms; nor does it include<br />

the installation on the property of accessory buildings, such as garages or sheds not occupied as<br />

dwelling units or not part of the main structure. For substantial improvement, the actual start of<br />

construction means the first alteration of any wall, ceiling, floor, or other structural part of a<br />

building, whether or not the alteration affects the external dimensions of the building.<br />

“STRUCTURE” means a walled and roofed building including a gas or liquid storage tank that<br />

is principally above ground, as well as a manufactured home.<br />

“SUBSTANTIAL DAMAGE” means damage of any origin sustained by a structure whereby<br />

cost of restoring the structure to its before damaged condition would equal or exceed 50 percent<br />

of the market value of the structure before the damage occurred.<br />

“SUBSTANTIAL IMPROVEMENT” means any repair, reconstruction, or improvement of a<br />

structure, taking place during a 10-year period, in which the cumulative cost equals or exceeds<br />

50 percent of the market value of the structure either:<br />

(1) Before the improvement or repair is started, or<br />

(2) If the structure has been damaged and is being restored, before the damage<br />

occurred. For the purpose of this definition “substantial improvement” is<br />

considered to occur when the first alteration of any wall, ceiling, floor, or other<br />

structural part of the building commences, whether or not that alteration affects<br />

the external dimensions of the structure.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 6<br />

Effective August 18, 2008


This term includes structures which have incurred “repetitive loss” or “substantial damage”<br />

regardless of the actual amount of repair work performed.<br />

The term does not, however, include either:<br />

(1) Any project for improvement of a structure to comply with existing state or local<br />

health, sanitary, or safety code specifications which have been identified by the<br />

local code enforcement official, and which was in existence prior to the damage<br />

event or improvement, and which are solely necessary to assure safe living<br />

conditions, or<br />

(2) Any alteration of a structure listed on the National Register of Historic Places or a<br />

State Inventory of Historic Places.<br />

“VARIANCE” means a grant of relief from the requirements of this ordinance which permits<br />

construction in a manner that would otherwise be prohibited by this ordinance.<br />

“WETLANDS” refer to the definition in the <strong>Mason</strong> <strong>County</strong> Resource <strong>Ordinance</strong>.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 7<br />

Effective August 18, 2008


Table of Acronyms Used in the <strong>Ordinance</strong> Sections<br />

FEMA<br />

FIRM<br />

NRCS<br />

RCW<br />

WAC<br />

WSDOT<br />

Federal Emergency Management Agency<br />

<strong>Flood</strong> Insurance Rate Map<br />

Natural Resources Conservation Service<br />

Revised Code of Washington<br />

Washington Administrative Code<br />

Washington State Department of Transportation<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 8<br />

Effective August 18, 2008


SECTION 3.0<br />

GENERAL PROVISIONS<br />

3.1 LANDS TO WHICH THIS ORDINANCE APPLIES<br />

This ordinance shall apply to all areas of special flood hazard within the jurisdiction of<br />

<strong>Mason</strong> <strong>County</strong>. These lands are designated as Frequently <strong>Flood</strong>ed Areas by the <strong>Mason</strong><br />

<strong>County</strong> Resource <strong>Ordinance</strong> pursuant to RCW 36.70A.<br />

3.2 BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD<br />

The areas of special flood hazard identified by the Federal Insurance Administration in a<br />

scientific and engineering report entitled “The <strong>Flood</strong> Insurance Study for the <strong>Mason</strong><br />

<strong>County</strong>” dated May 17, 1988, and revised December 8, 1998, with accompanying <strong>Flood</strong><br />

Insurance Maps, and any subsequent amendments thereto, is hereby adopted by reference<br />

and declared to be a part of this ordinance. The <strong>Flood</strong> Insurance Study is on file at the<br />

<strong>Mason</strong> <strong>County</strong> Department of Community Development, Building I, 411 N. 5th St.,<br />

Shelton, Washington.<br />

3.3 PENALTIES FOR NONCOMPLIANCE<br />

No structure or land shall hereafter be constructed, located, extended, converted, or<br />

altered without full compliance with the terms of this ordinance and other applicable<br />

regulations. Violation of the provisions of this ordinance by failure to comply with any<br />

of its requirements (including violations of conditions and safeguards established in<br />

connection with conditions) shall constitute a misdemeanor. Any person who violates<br />

this ordinance or fails to comply with any of its requirements shall upon conviction<br />

thereof be fined not more than $1,000 imprisoned for not more than 60 days, or both, for<br />

each violation, and in addition shall pay all costs and expenses involved in the case.<br />

Nothing herein contained shall prevent <strong>Mason</strong> <strong>County</strong> from taking such other lawful<br />

action as is necessary to prevent or remedy any violation. The <strong>Mason</strong> <strong>County</strong><br />

Development Code Chapter 15.13 provides for enforcement of violations to permits.<br />

3.4 ABROGATION AND GREATER RESTRICTIONS<br />

This ordinance is not intended to repeal, abrogate, or impair any existing easements,<br />

covenants, or deed restrictions. However, where this ordinance and another ordinance,<br />

easement, covenant, or deed restriction conflict or overlap, whichever imposes the more<br />

stringent restrictions shall prevail.<br />

3.5 INTERPRETATION<br />

In the interpretation and application of this ordinance, all provisions shall be:<br />

(1) Considered as a minimum requirements;<br />

(2) Deemed neither to limit nor repeal any other powers granted under State statutes.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 9<br />

Effective August 18, 2008


3.6 WARNING AND DISCLAIMER OF LIABILITY<br />

The degree of flood protection required by this ordinance is considered reasonable for<br />

regulatory purposes and is based on scientific and engineering considerations. Larger<br />

floods can and will occur on rare occasions. <strong>Flood</strong> heights may be increased by<br />

man-made or natural causes. This ordinance does not imply that land outside the areas of<br />

special flood hazards or uses permitted within such areas will be free from flooding or<br />

flood damages. This ordinance shall not create liability on the part of <strong>Mason</strong> <strong>County</strong>,<br />

any officer or employee thereof, or the Federal Insurance Administration, for any flood<br />

damages that result from reliance on this ordinance or any administrative decision<br />

lawfully made hereunder.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 10<br />

Effective August 18, 2008


SECTION 4.0<br />

ADMINISTRATION<br />

4.1 ESTABLISHMENT OF DEVELOPMENT PERMIT<br />

4.1-1 Development Permit Required<br />

A development permit shall be obtained before construction or development begins<br />

within any area of special flood hazard established in Section 3.2. The permit shall be for<br />

all structures including manufactured homes, and for all development including fill and<br />

other activities, as set forth in the “DEFINITIONS.” If no other county permit is<br />

required, a development permit shall be required.<br />

4.1-2 Application for Development Permit<br />

Application for a development permit shall be made on forms furnished by <strong>Mason</strong><br />

<strong>County</strong>, which can be obtained from the <strong>Mason</strong> <strong>County</strong> Department of Community<br />

Development. Application materials may include but not be limited to plans in triplicate<br />

drawn to scale showing the nature, location, dimensions, and elevations of the area in<br />

question and existing or proposed structures, fill, storage of materials, drainage facilities,<br />

and the location of the foregoing. Specifically, the following information is required:<br />

(1) Elevation in relation to mean sea level, of the lowest floor (including basement)<br />

of all new or substantially improved structures;<br />

(2) Elevation in relation to mean sea level to which any structure has been<br />

floodproofed;<br />

(3) Certification by a registered professional engineer or architect that the<br />

floodproofing methods for any nonresidential structure meet the floodproofing<br />

criteria in Section 5.2-2; and<br />

(4) Description of the extent to which a watercourse will be altered or relocated as a<br />

result of proposed development.<br />

4.2 DESIGNATION OF THE ADMINISTRATOR<br />

The Administrator is hereby appointed to administer and implement this ordinance by<br />

granting or denying development permit applications in accordance with ordinance its<br />

provisions. The Administrator may consult with other departments and/or agencies with<br />

expertise to assist in permitting decisions.<br />

4.3 DUTIES AND RESPONSIBILITIES OF THE ADMINISTRATOR<br />

Duties of the Administrator shall include, but not be limited to:<br />

4.3-1 Permit Review<br />

(1) Review all development permits to determine that the permit requirements of this<br />

ordinance have been satisfied.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 11<br />

Effective August 18, 2008


(2) Review all development permits to determine that all necessary permits have been<br />

obtained from those Federal, State, or local governmental agencies from which<br />

prior approval is required.<br />

(3) Review all development permits to determine if the proposed development is<br />

located in the floodway, or special flood risk zone as defined in Section 2.0. If<br />

located in the floodway, assure that the provisions of Section 5.4 are met. If<br />

located in a special flood risk zone, assure that the provisions of Section 5.5 are<br />

met.<br />

(4) Review applications for emergency permits. An emergency shall be defined as<br />

set forth in WAC 173.27.040 (2)d, which includes the following language:<br />

"Emergency construction necessary to protect property from damage by the<br />

elements. An "emergency" is an unanticipated and imminent threat to public health,<br />

safety, or the environment which requires immediate action within a time too short<br />

to allow full compliance with this <strong>Ordinance</strong> . Emergency construction does not<br />

include development of new permanent protective structures where none previously<br />

existed. Where new protective structures are deemed by the administrator to be an<br />

appropriate means to address the emergency situation, upon abatement of the<br />

emergency situation, the new structure shall be removed or any permit which would<br />

have been required, absent an emergency, pursuant to Chapter 90.58 RCW of these<br />

regulations or the local master program, shall be obtained."<br />

4.3-2 Use of Other Base <strong>Flood</strong> Data<br />

When base flood elevation data has not been provided in accordance with Section 3.2,<br />

BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD, the<br />

Administrator shall obtain, review, and reasonably utilize any base flood elevation and<br />

floodway data available from a Federal, State or other source, in order to administer<br />

Section 5.2, SPECIFIC STANDARDS, 5.4 FLOODWAYS, and 5.5 SPECIAL FLOOD<br />

RISK ZONE.<br />

4.3-3 Information to be Obtained and Maintained<br />

(1) Where base flood elevation data is provided through the <strong>Flood</strong> Insurance Study or<br />

required as in Section 4.3-2, obtain and record the actual (as-built) elevation (in<br />

relation to mean sea level) of the lowest floor, including basement, of all new or<br />

substantially improved structures, and whether or not the structure contains a<br />

basement.<br />

(2) For all new or substantially improved floodproofed structures:<br />

(i)<br />

Verify and record the actual elevation (in relation to mean sea level) to<br />

which the structure was flood-proofed, and<br />

(ii) Maintain the floodproofing certifications required in Section 4.1-2(3).<br />

(3) Maintain for public inspection all records pertaining to these ordinance<br />

provisions.<br />

4.3-4 Alteration of Watercourses<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 12<br />

Effective August 18, 2008


(1) Notify adjacent communities and property owners, and the Washington State<br />

Department of Ecology and Washington State Department of Fish and Wildlife,<br />

prior to any alteration or relocation of a watercourse, and submit evidence of such<br />

notification to the Federal Insurance Administration.<br />

(2) Require that maintenance is provided within the altered or relocated portion of<br />

said watercourse so that the flood carrying capacity is not diminished.<br />

4.3-5 Interpretation of FIRM Boundaries<br />

Make interpretations where needed, as to exact location of the boundaries of the areas of<br />

special flood hazards (for example, where there appears to be conflict between a mapped<br />

boundary and actual field conditions). The person contesting the location of the<br />

boundary shall be given a reasonable opportunity to appeal the interpretation as provided<br />

by Section 4.4. However, if it is clear from examining the FIRM map that the subject<br />

property or development is located within the area of special flood hazard, the person<br />

contesting the location of the boundary shall apply to FEMA for a map amendment.<br />

4.4 VARIANCE PROCEDURE AND REASONABLE USE EXCEPTION.<br />

4.4-1 Appeal Board<br />

(1) The Hearing Examiner shall act as the Board of Appeals to hear and decide<br />

appeals and requests for variances from the requirements of this ordinance, as<br />

provided by Title 15, <strong>Mason</strong> <strong>County</strong> Code.<br />

(2) The Board of Appeals shall hear and decide appeals when it is alleged there is an<br />

error in any requirement, decision, or determination made by the Administrator in<br />

the enforcement or administration of this ordinance.<br />

(3) Those aggrieved by the decision of The Board of Appeals, or any taxpayer, may<br />

appeal such decision to the Superior Court, as provided in Chapter 36.70 RCW.<br />

(4) In passing upon such applications, the Board of Appeals shall consider all<br />

technical evaluations, all relevant factors, standards specified in other sections of<br />

this ordinance and<br />

(i) The danger that materials may be swept onto other lands to the injury of<br />

others;<br />

(ii) The danger to life and property due to flooding or erosion damage;<br />

(iii) The susceptibility of the proposed facility and its contents to flood damage<br />

and the effect of such damage on the individual owner;<br />

(iv) The importance of the services provided by the proposed facility to the<br />

community;<br />

(v) The necessity to the facility of a waterfront location, where applicable;<br />

(vi) The availability of alternative locations for the proposed use which are not<br />

subject to flooding or erosion damage;<br />

(vii) The compatibility of the proposed use with existing and anticipated<br />

development;<br />

(viii) The relationship of the proposed use to the comprehensive plan and<br />

floodplain management program for that area;<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 13<br />

Effective August 18, 2008


(ix) The safety of access to the property in times of flood for ordinary and<br />

emergency vehicles;<br />

(x) the expected heights, velocity, duration, rate of rise, and sediment<br />

transport of the flood waters and the effects of wave action, if applicable,<br />

expected at the site; and<br />

(xi) The costs of providing governmental services during and after flood<br />

conditions, including maintenance and repair of public utilities and<br />

facilities such as sewer, gas, electrical, water systems, streets and bridges.<br />

(xii) The potential impacts to fish and riparian habitat, as provided for within<br />

the Fish and Wildlife Habitat Conservation Areas chapter of the Resource<br />

<strong>Ordinance</strong>.<br />

(5) Upon consideration of the factors of Section 4.4-1(4) and the purposes of this<br />

ordinance, the Board of Appeals may attach such conditions to the granting of<br />

variances as it deems necessary to further the purposes of this ordinance.<br />

(6) The Administrator shall maintain the records of all appeal actions and report any<br />

variances to the Federal Insurance Administration upon request.<br />

4.4-2 Conditions of Variances<br />

(1) Generally, the only condition under which a variance from the elevation standard<br />

may be issued is for new construction and substantial improvements to be erected<br />

on a lot of one-half acre or less in size contiguous to and surrounded by lots with<br />

existing structures constructed below the base flood level, providing items (i-xii)<br />

in Section 4.4-1(4) have been fully considered. As the lot size increases, the<br />

technical justification required for issuing the variance increases.<br />

(2) Variances may be issued for the reconstruction, rehabilitation or restoration of<br />

structures listed on the National Register of Historic Places or the State Inventory<br />

of Historic Places, without regard to the procedures set forth in this section.<br />

(3) Variances shall not be issued within a designated floodway if any increase in<br />

flood levels during the base flood discharge would result..<br />

(4) Variances shall only be issued upon a determination that the variance is the<br />

minimum necessary, considering the flood hazard, to afford relief.<br />

(5) Variances shall only be issued upon:<br />

(i) A showing of good and sufficient cause;<br />

(ii) A determination that failure to grant the variance would result in<br />

(iii)<br />

exceptional hardship to the applicant;<br />

A determination that the granting of a variance will not result in increased<br />

flood heights, additional threats to public safety, extraordinary public<br />

expense, create nuisances, cause fraud on or victimization of the public as<br />

identified in Section 4.1-4(4), or conflict with existing local laws or<br />

ordinances.<br />

(6) Variances as interpreted in the National <strong>Flood</strong> Insurance Program are based on<br />

the general zoning law principle that they pertain to a physical piece of property;<br />

they are not personal in nature and do not pertain to the structure, its inhabitants,<br />

economic or financial circumstances. They primarily address small lots in<br />

densely populated residential neighborhoods. As such, variances from the flood<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 14<br />

Effective August 18, 2008


elevations should be quite rare. Variances shall not be granted for residential or<br />

commercial construction in floodways designated by this <strong>Ordinance</strong>.<br />

(7) Variances may be issued for nonresidential buildings in very limited<br />

circumstances to allow a lesser degree of flood proofing than watertight or dryflood<br />

proofing, where it can be determined that such action will have low damage<br />

potential, complies with all other variance criteria except 4.4-2(1), and otherwise<br />

complies with Sections 5.1-1 and 5.1-2 of the GENERAL STANDARDS.<br />

(8) Any applicant to whom a variance is granted shall be given written notice that the<br />

structure will be permitted to be built with a lowest floor elevation below the base<br />

flood elevation and that the cost of flood insurance will be commensurate with the<br />

increased risk resulting from the reduced lowest floor elevation.<br />

4.4-3 Reasonable Use Exception<br />

Nothing in this ordinance is intended to preclude all reasonable use of property. An<br />

applicant for a development proposal may file a request for a reasonable use exception<br />

which shall be considered by Hearing Examiner at a public hearing. The reasonable use<br />

exception is not intended to allow residential development in designated floodways.<br />

(1) The Hearing Examiner may allow a use which is consistent with the general<br />

purposes of this ordinance and the public interest provided it meets the following<br />

criteria:<br />

(i) There is no other reasonable use or feasible alternative to the proposed<br />

development with less impact on flood levels, critical areas, or resource<br />

lands; and<br />

(ii) The proposed development does not pose a threat to the public health,<br />

safety or welfare on or off the site; and<br />

(iii) The inability of the applicant to derive reasonable use of the property is<br />

not the result of actions by the applicant in creating the undevelopable<br />

condition after the effective date of the ordinance; and<br />

(iv) The proposal is the minimum necessary while still allowing reasonable<br />

use of the site.<br />

(2) Applications shall include the following information:<br />

(i)<br />

(ii)<br />

(iii)<br />

(iv)<br />

(v)<br />

A description of the areas of the site which are critical areas and/or<br />

resource lands or within setbacks required under the <strong>Mason</strong> <strong>County</strong><br />

Resource <strong>Ordinance</strong>;<br />

A description of the amount of the site which is within setbacks required<br />

by other <strong>County</strong> standards;<br />

A description of the proposed development, including a site plan and<br />

topographic contour information adequate to determine flood depths on<br />

the site and property;<br />

An analysis of the impact that the amount of development would have on<br />

the resource lands or critical areas;<br />

An analysis of whether any other reasonable use with less impact on the<br />

resource lands or critical areas is possible;<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 15<br />

Effective August 18, 2008


(vi) A design of the proposal so that the amount of development proposed as<br />

reasonable use will have the least impact practicable on the resource lands<br />

and/or critical areas;<br />

(vii) An economic analysis establishing the respective present values of<br />

development allowed under these regulations without the reasonable use<br />

exception and with the requested exception or alternative exceptions.<br />

(viii) Other information as the Administrator determines is reasonably necessary<br />

to evaluate the issue of reasonable use as it relates to the proposed<br />

development.<br />

(3) Application process and review.<br />

(i) The application shall be submitted to the Administrator along with fees<br />

established by ordinance for reasonable use exceptions.<br />

(ii)<br />

(iii)<br />

Public notice shall be as provided in Title 15 for public hearings.<br />

The Administrator shall prepare an analysis of the merits of the request<br />

and make recommendations to the Board of Commissioners.<br />

(4) Except when application from this ordinance would deny all reasonable use of a<br />

site, an applicant who seeks an exception from the regulations of the <strong>Ordinance</strong><br />

shall pursue a variance as provided in this Section.<br />

(5) The Administrator shall maintain the records of all reasonable use exceptions<br />

granted and report them to the Federal Insurance Administration upon request.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 16<br />

Effective August 18, 2008


5.1 GENERAL STANDARDS<br />

SECTION 5.0<br />

PROVISIONS FOR FLOOD HAZARD REDUCTION<br />

In all areas of special flood hazards as shown on the <strong>Flood</strong> Insurance Rate Maps (FIRM) and<br />

as defined in Section 2.0, the following standards are required:<br />

5.1-1 Anchoring<br />

(1) All new construction and substantial improvements shall be anchored to prevent<br />

flotation, collapse, or lateral movement of the structure.<br />

(2) All manufactured homes must likewise be anchored to prevent flotation, collapse, or<br />

lateral movement, and shall be installed using methods and practices that minimize<br />

flood damage. Anchoring methods may include, but are not limited to, use of overthe-top<br />

or frame ties to ground anchors. (Reference “FEMA 85- Manufactured<br />

Home Installation in <strong>Flood</strong> Hazard Areas” guidebook for additional techniques.)<br />

5.1-2 Construction Materials and Methods<br />

(1) All new construction and substantial improvements shall be constructed with<br />

materials and utility equipment resistant to flood damage.<br />

(2) All new construction and substantial improvements shall be constructed using<br />

methods and practices that minimize flood damage.<br />

(3) Electrical, heating, ventilation, plumbing, and air conditioning equipment and other<br />

service facilities shall be designed and/or otherwise elevated or located so as to<br />

prevent water from entering or accumulating within the components during<br />

conditions of flooding.<br />

5.1-3 Utilities<br />

(1) All new and replacement water supply systems shall be designed to minimize or<br />

eliminate infiltration of flood waters into the system.<br />

(2) The proposed water well shall be located on high ground that is not in the<br />

floodway. It shall be protected from a one hundred year flood and from any<br />

surface or subsurface drainage capable of impairing the quality of the ground<br />

water supply (WAC 173-160-171);<br />

(3) New and replacement sanitary sewage systems shall be designed to minimize or<br />

eliminate infiltration of flood waters into the systems and discharge from the systems<br />

into flood waters.<br />

(4) On-site waste disposal systems shall be located to avoid impairment to them or<br />

contamination from them during flooding.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 17<br />

Effective August 18, 2008


5.1-4 Subdivision Proposals<br />

(1) All subdivision proposals shall be consistent with the need to minimize flood<br />

damage.<br />

(2) All subdivision proposals shall have public utilities and facilities such as sewer, gas,<br />

electrical, and water systems located and constructed to minimize flood damage.<br />

(3) All subdivision proposals shall have adequate drainage provided to reduce exposure<br />

to flood damage.<br />

(4) Where base flood elevation data has not been provided or is not available from<br />

another authoritative source, it shall be generated for subdivision proposals and other<br />

proposed developments which contain at least 50 lots or 5 acres (whichever is less).<br />

(5) Proposals for Subdivisions or Boundary Line Adjustments shall not result in any<br />

lot which is nonconforming to the provisions of this ordinance.<br />

(6) Subdivisions located entirely within a floodplain shall not be allowed increased<br />

density through a Performance or Clustered Subdivision as described in Title 16.<br />

A performance subdivision may be used for parcels located partially within a<br />

floodplain provided all allowed building areas are located outside the floodplain,<br />

and all other regulatory provisions are met. When feasible, lots shall be designed<br />

to locate building sites outside the floodplain.<br />

(7) No parcel shall be created that would require a Reasonable Use Exception or<br />

Variance before new residential or commercial construction would be allowed.<br />

5.1-5 Review of Building Permits<br />

Where elevation data is not available either through the <strong>Flood</strong> Insurance Study or from<br />

another authoritative source (Section 4.3-2), applications for building permits shall be<br />

reviewed to assure that proposed construction will be reasonably safe from flooding. The<br />

test of reasonableness is a local judgement and includes use of historical data, high water<br />

marks, photographs of past flooding, etc., where available. Failure to elevate at least two<br />

feet above the highest adjacent grade in these zones may result in higher insurance rates.<br />

5.2 SPECIFIC STANDARDS<br />

In all areas of special flood hazards and special flood risk zones where base flood elevation<br />

data has been provided as set forth in Section 3.2, BASIS FOR ESTABLISHING THE<br />

AREAS OF SPECIAL FLOOD HAZARD or Section 4.3-2 Use of Other Base <strong>Flood</strong> Data,<br />

the following provisions are required:<br />

5.2-1 Residential Construction<br />

(1) New construction and substantial improvement of any residential structure shall have<br />

the lowest floor, including basement, elevated one foot or more above base flood<br />

elevation.<br />

(2) Fully enclosed areas below the lowest floor that are subject to flooding are<br />

prohibited, or shall be designed to automatically equalize hydrostatic flood forces on<br />

exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 18<br />

Effective August 18, 2008


this requirement must either be certified by a registered professional engineer or<br />

architect or must meet or exceed the following minimum criteria:<br />

(i) A minimum of two openings having a total net area of not less than one<br />

square inch for every square foot of enclosed area subject to flooding shall<br />

be provided;<br />

(ii) The bottom of all openings shall be no higher than one foot above grade;<br />

(iii) Openings may be equipped with screens, louvers, or other coverings or<br />

devices provided that they permit the automatic entry an exit of floodwaters.<br />

(3) If crawlspaces are used and have enclosed areas or floors below the base flood<br />

elevation, then the following requirements apply:<br />

(i) The building must be designed and adequately anchored to resist flotation,<br />

collapse, and lateral movement of the structure resulting from hydrodynamic and<br />

hydrostatic loads, including the effects of buoyancy. Hydrostatic loads and the<br />

effects of buoyancy can usually be addressed though the required openings<br />

discussed in the next bullet. Because of hydrodynamic loads, crawlspace<br />

construction is not recommended in areas with flood velocities greater than 5 feet<br />

per second unless the design is reviewed by a qualified design professional, such<br />

as a registered architect or professional engineer. Other types of foundations are<br />

recommended for these areas.<br />

(ii) The crawlspace is an enclosed area below the BFE and, as such, must have<br />

openings that equalize hydrostatic pressures by allowing for the automatic entry<br />

and exit of floodwaters. The bottom of each flood vent opening can be no more<br />

than 1 foot above the lowest adjacent exterior grade. For guidance on flood<br />

openings, see FEMA Technical Bulletin 1-93, Openings in Foundation Walls.<br />

(iii) Crawlspace construction is not permitted in V zones. Open pile or column<br />

foundations that withstand storm surge and wave forces are required in V zones.<br />

(iv) Portions of the building below the BFE must be constructed with materials<br />

resistant to flood damage. This includes not only the foundation walls of the<br />

crawlspace used to elevate the building, but also any joists, insulation, or other<br />

materials that extend below the BFE. The recommended construction practice is<br />

to elevate the bottom of joists and all insulation above BFE. Insulation is not a<br />

flood-resistant material. When insulation becomes saturated with floodwater, the<br />

additional weight often pulls it away from the joists and flooring. Ductwork or<br />

other utility systems located below the insulation may also pull away from their<br />

supports. See the section <strong>Flood</strong>-Resistant Materials, on page 8 of FEMA<br />

Technical Bulletin 1-93. For more detailed guidance on flood-resistant materials<br />

see FEMA Technical Bulletin 2-93, <strong>Flood</strong>-Resistant Materials Requirements.<br />

(v)<br />

Any building utility systems within the crawlspace must be elevated above<br />

BFE or designed so that floodwaters cannot enter or accumulate within the<br />

system components during flood conditions. Ductwork, in particular, must either<br />

be placed above the BFE or sealed from floodwaters. For further guidance on the<br />

placement of building utility systems in crawlspaces, see FEMA 348, Protecting<br />

Building Utilities From <strong>Flood</strong> <strong>Damage</strong>.<br />

(vi) The interior grade of a crawlspace below the BFE must not be more than 2<br />

feet below the lowest adjacent exterior grade (LAG), shown as D in Figure 1.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 19<br />

Effective August 18, 2008


(vii) The height of the below-grade crawlspace, measured from the interior grade<br />

of the crawlspace to the top of the crawlspace foundation wall must not exceed<br />

4 feet (shown as L in Figure 1) at any point. The height limitation is the<br />

maximum allowable unsupported wall height according to the engineering<br />

analyses and building code requirements for flood hazard areas (see the section<br />

Guidance for Pre-Engineered Crawlspaces, on page 7 of FEMA Technical<br />

Bulletin 1-93). This limitation will also prevent these crawlspaces from being<br />

converted into habitable spaces.<br />

(viii) There must be an adequate drainage system that removes floodwaters from<br />

the interior area of the crawlspace. The enclosed area should be drained within<br />

a reasonable time after a flood event. The type of drainage system will vary<br />

because of the site gradient and other drainage characteristics, such as soil types.<br />

Possible options include natural drainage through porous, well-drained soils and<br />

drainage systems such as perforated pipes, drainage tiles, or gravel or crushed<br />

stone drainage by gravity or mechanical means.<br />

(ix) The velocity of floodwaters at the site should not exceed 5 feet per second for<br />

any crawlspace. For velocities in excess of 5 feet per second, other foundation<br />

types should be used.<br />

(x) Below-grade crawlspace construction in accordance with the requirements<br />

listed above will not be considered basements.<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 20<br />

Effective August 18, 2008


Figure 1. Requirements regarding below-grade crawlspace construction.<br />

5.2-2 Nonresidential Construction<br />

New construction and substantial improvement of any commercial, industrial or other<br />

nonresidential structure, except those defined as an accessory structure, shall either have the<br />

lowest floor, including basement, elevated one foot or more above the level of the base flood<br />

elevation; or, together with attendant utility and sanitary facilities, shall:<br />

(1) Be flood proofed so that below one foot above the base flood level, the structure is<br />

watertight with walls substantially impermeable to the passage of water;<br />

(2) Have structural components capable of resisting hydrostatic and hydrodynamic loads<br />

and effects of buoyancy;<br />

(3) Be certified by a registered professional engineer or architect that the design and<br />

methods of construction are in accordance with accepted standards of practice for<br />

meeting provisions of this subsection based on their development and/or review of<br />

the structural design, specifications and plans. Such certifications shall be provided<br />

to the official as set forth in Section 4.3-3(2);<br />

(4) Nonresidential structures that are elevated, not flood proofed, must meet the same<br />

standards for space below the lowest floor as described in 5.2-1(2);<br />

(5) Applicants floodproofing nonresidential buildings shall be notified that flood<br />

insurance premiums will be based on rates that are one foot below the flood proofed<br />

level (e.g. a building flood proofed to one foot above the base flood level will be<br />

rated as at the base flood level).<br />

5.2-3 Accessory Structures<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 21<br />

Effective August 18, 2008


Construction or substantial improvement of accessory structures, as defined in Section 2.0,<br />

shall either have the lowest floor elevated one foot or more above the level of the base flood<br />

elevation; or must meet the following criteria:<br />

(1) A minimum of two openings having a total net area of not less than one square inch<br />

for every square foot of enclosed area subject to flooding shall be provided.<br />

(2) The bottom of all openings shall be no higher than one foot above grade.<br />

(3) Openings may be equipped with screens, louvers, or other coverings provided they<br />

may permit the automatic entry and exit of flood waters.<br />

(4) Structures shall not be designed for human habitation.<br />

(5) Structures shall be firmly anchored to prevent flotation which may result in damage<br />

to other structures.<br />

(6) Service facilities such as electrical and heating equipment shall be elevated or flood<br />

proofed.<br />

5.2-4 Critical Facility<br />

Construction of new critical facilities shall be, to the extent possible, located outside the<br />

limits of the base flood plain. Construction of new critical facilities shall be permissible<br />

within the base flood plain if no feasible alternative site is available. Critical facilities<br />

constructed within the base flood plain shall have the lowest floor elevated to three feet or<br />

more above the level of the base flood elevation at the site. <strong>Flood</strong> proofing and sealing<br />

measures must be taken to ensure that toxic substances will not be displaced by or released<br />

into flood waters. Access routes elevated to or above the level of the base flood plain shall<br />

be provided to all critical facilities to the extent possible.<br />

5.2-5 Manufactured Homes<br />

All manufactured homes to be placed or substantially improved within Zones A1-30, AH,<br />

and AE on the community’s FIRM shall be elevated on a permanent foundation such that the<br />

lowest floor of the manufactured home is one foot or more above the Base <strong>Flood</strong> Elevation;<br />

and is securely anchored to an adequately anchored foundation system in accordance with<br />

the provisions of Section 5.1-1(2). In unnumbered A zones, all manufactured homes shall<br />

be elevated such that their lowest floor is at least two feet above the highest adjacent<br />

elevation.<br />

5.2-6 Recreational Vehicles<br />

Recreational vehicles placed on sites within Zones A1-30, AH, and AE on the<br />

Community’s FIRM shall either:<br />

(1) Be on site for fewer than 180 consecutive days;<br />

(2) Be fully licensed and ready for highway use, on its wheels or jacking system, be<br />

attached to the site only by quick disconnect type utilities and security devices, and<br />

have no permanently attached additions<br />

5.3 AE AND A1-30 ZONES WITH BASE FLOOD ELEVATIONS BUT NO FLOODWAYS<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 22<br />

Effective August 18, 2008


In areas with base flood elevations (but a regulatory floodway has not been designated), no<br />

new construction, substantial improvements, or other development (including fill) shall be<br />

permitted within Zones A1-30 and AE on the community’s FIRM, unless it is demonstrated<br />

that the cumulative effect of the proposed development, when combined with all other<br />

existing and anticipated development, will not increase the water surface elevation of the<br />

base flood more than one foot at any point within the community.<br />

5.4 FLOODWAYS<br />

Since the floodway is an extremely hazardous area due to the velocity of flood waters which<br />

carry debris, potential projectiles, and erosion potential, the following provisions apply.<br />

(1) Encroachments are prohibited including fill, new construction, substantial<br />

improvements, and other development unless certification by a registered<br />

professional engineer or architect is provided demonstrating through hydrologic and<br />

hydraulic analysis performed in accordance with standard engineering practice that<br />

the proposed encroachments shall not result in any increase in flood levels during the<br />

occurrence of the base flood discharge.<br />

(2) Construction or reconstruction of residential structures is prohibited within<br />

designated <strong>Flood</strong>ways, except for repairs, reconstruction, or improvements to a<br />

structures which do not increase the ground floor area; and (ii) repairs,<br />

reconstruction, or improvements to a structure, the cost of which does not exceed 50<br />

percent of the market value of the structure either, (a) before the repair,<br />

reconstruction, or repair is started, or (b) if the structure has been damaged, and is<br />

being restored, before the damage occurred. Work done on structures to comply with<br />

existing health, sanitary, or safety codes which have been identified by the local code<br />

enforcement official and which are the minimum necessary to assure safe living<br />

conditions or on structures identified as historic places shall not be included in the<br />

50 percent determination.<br />

(3) If Section 5.4(1) is satisfied, all new construction and substantial improvements shall<br />

comply with all applicable flood hazard reduction provisions of Sections 5.0,<br />

PROVISIONS FOR FLOOD HAZARD REDUCTION.<br />

5.5 SPECIAL FLOOD RISK ZONE - FLOODPLAIN OF THE SKOKOMISH RIVER,<br />

VANCE CREEK AND TRIBUTARIES.<br />

5.5-1 Special <strong>Flood</strong> Risk Zone<br />

A Special <strong>Flood</strong> Risk Zone is hereby established for the Zones A and A2<br />

floodplain of the Skokomish River, Vance Creek and tributaries, and is illustrated<br />

on FIRM map Community Panels #530115-0175D and # 530115-0180D, (both<br />

December 1998). The Special <strong>Flood</strong> Risk Zone is hereby designated as a<br />

floodway and the entire floodway is hereby designated an avulsion risk area.<br />

Construction of a new structure or an expansion of the square foot area of an<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 23<br />

Effective August 18, 2008


existing structure is prohibited in this designated floodway. For purposes of this<br />

subsection, the term structure shall not include a gas or liquid storage tank.<br />

5.5-2 Dikes, Levees and Other Water Flow Modification Structures<br />

(1) Areas where flood water releases and overflows from the main Skokomish River<br />

channel shall not be modified, meaning levied or diked, in any manner which<br />

would result in increased stream flow in the main channel.<br />

(2) Maintenance to existing legally established (constructed by past permits or<br />

historically occurring) levees, dikes, and other water flow modification structures<br />

shall be permitted with appropriate approvals from all affected agencies, provided<br />

that the maintenance does not result in increased stream flow within the main<br />

channel (as verified by a hydraulic engineer), and the maintenance is consistent<br />

with provisions and recommendations of the adopted Skokomish River<br />

Comprehensive <strong>Flood</strong> Hazard Management Plan. Emergency alterations to dikes<br />

and levees necessary for the protection of human life and property shall be<br />

permitted as provided for within the applicable regulatory permit processes.<br />

(3) If the Public Works Director finds an imminent flood threat to the public health,<br />

safety, and welfare exists based on:<br />

(i) A flow capacity of 70% of the 100-year flood stage for the specific river<br />

or creek, or<br />

(ii) A rainfall within the last 48 hours in excess of 4 inches, or<br />

(iii) Issuance of a flood warning by the National Weather Service for the<br />

(iii)<br />

specific area, or<br />

A significant isolated blockage occurs such as a log jam or slide, that<br />

impacts the geography or water velocity such that an overflow bank path<br />

has or is likely to occur;<br />

then the Public Works Director may recommend to the Board of Commissioners<br />

that they declare an emergency flood condition, which shall then authorize the<br />

county to make on-site inspections on private property of dikes and other<br />

impediments as necessary, and to direct or design immediate or subsequent<br />

improvement, repair, removal, or modification to said dikes, levees, or other<br />

impediments, as subject to other regulations; and shall maintain a record of the<br />

condition and structure of said dikes.<br />

(4) Alterations to dikes and levees, and bank stabilization efforts that would prevent<br />

legitimate potential emergency situations shall be permitted, PROVIDED that all<br />

affected agencies have been notified and appropriate permits have been acquired.<br />

(5) Activities related to the repair, maintenance or construction of bank stabilization,<br />

dikes, levees or other related development are a permit required activity under<br />

Section 4.1 of this ordinance, are subject to all provisions for development<br />

standards within this ordinance, and shall provide for appropriate inspections<br />

during and following construction and/or repair. Construction shall meet NRCS<br />

standards, as recommended within the Skokomish River Comprehensive <strong>Flood</strong><br />

Hazard Management Plan, or as revised.<br />

(6) Projects proposed by government agencies under this Section as recommended<br />

within the Skokomish River Comprehensive <strong>Flood</strong> Hazard Management Plan<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 24<br />

Effective August 18, 2008


shall be evaluated on a case-by-case basis. The Administrator shall include the<br />

following considerations in making an evaluation:<br />

(i) Recommendations of applicable study;<br />

(ii) Provisions of this <strong>Ordinance</strong>;<br />

(iii) Project-specific engineering;<br />

(iv) Public benefit;<br />

(v) All applicable regulations.<br />

(7) All approved permits shall require the monitoring of performance which shall<br />

include, at a minimum, a post-construction inspection for compliance with the<br />

conditions of approval. Additional inspections may be required when<br />

recommended by the engineering report or the <strong>County</strong> Engineer. Monitoring<br />

shall be established as a condition of approval.<br />

(8) DIKE MONITORING PROGRAM:<br />

Information on the condition of levees, dikes, or other structures ascertained from<br />

successive on-site inspections shall be maintained by the county for the purpose<br />

of updating and cataloging existing conditions as part of their ongoing flood and<br />

dike management program. Dikes shall be monitored for safety purposes. Dikes<br />

shall be inspected by the Public Works Director at least biennially.<br />

The Public Works Director and his designee is authorized to enter onto private or<br />

public land for the sole purpose of inspecting dikes for flood safety and for no<br />

other purpose. The inspections shall be done between the 8:00 AM and 4:00 PM<br />

time period, with notice to the property owner sent by certified mail at least 14<br />

days in advance, unless there is a flood emergency.<br />

The Public Works Director shall report on the condition of the dikes to the Board<br />

of <strong>County</strong> Commissioners at the interval of once every two years. The report<br />

shall include an assessment of the condition and structure of the dikes; an analysis<br />

of whether any improvements needs to be done; a statement on the ability, or lack<br />

thereof, to inspect the dikes; and any other matter of importance to dike<br />

inspection and monitoring. The report shall also be based on the inspections and<br />

information gathered from dike monitoring. Existing dikes monitored shall be<br />

listed or be listed by reference to outside reports.<br />

5.5-3 Bridges and Roadways<br />

(1) Areas where flood water releases and overflows from the main Skokomish River<br />

channel shall not be modified by construction or reconstruction of bridges or<br />

roadways, in any manner which would result in increased stream flows or flood<br />

elevations (as verified by a hydraulic engineer).<br />

(2) Maintenance to existing legally established (constructed by past permits or<br />

historically occurring) bridges and roadways shall be permitted with appropriate<br />

approvals from all affected agencies, provided that the maintenance does not<br />

result in increased stream flows or flood levels (as verified by a hydraulic<br />

engineer), and the maintenance is consistent with provisions and<br />

recommendations of the adopted Skokomish River Comprehensive <strong>Flood</strong> Hazard<br />

Management Plan. Emergency alterations to bridges and roadways necessary for<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 25<br />

Effective August 18, 2008


the protection of human life and property shall be permitted as provided for<br />

within the applicable regulatory permit processes.<br />

(3) If the Public Works Director finds an imminent flood threat to the public health,<br />

safety, and welfare exists based on:<br />

(i) A flow capacity of 70% of the 100-year flood stage for the specific river<br />

or creek, or<br />

(ii) A rainfall within the last 48 hours in excess of 4 inches, or<br />

(iii) Issuance of a flood warning by the National Weather Service for the<br />

(iv)<br />

specific area, or<br />

A significant isolated blockage occurs such as a log jam or slide, that<br />

impacts the geography or water velocity such that an overflow bank path<br />

has or is likely to occur;<br />

then the Public Works Director may recommend to the Board of Commissioners<br />

that they declare an emergency flood condition, which shall then authorize the<br />

county to make on-site inspections on private property of bridges and roadways<br />

and other impediments as necessary, and to direct or design immediate or<br />

subsequent improvement, repair, removal, or modification to said impediments, as<br />

subject to other regulations; and shall maintain a record of such actions.<br />

(4) Alterations to bridges and roadways that would prevent legitimate potential<br />

emergency situations shall be permitted, PROVIDED that all affected agencies<br />

have been notified and appropriate permits have been acquired.<br />

(5) Activities related to the repair, maintenance or construction of bridges and<br />

roadways or other related development are a permit required activity under<br />

Section 4.1 of this ordinance, are subject to all provisions for development<br />

standards within this ordinance, and shall provide for appropriate inspections<br />

during and following construction and/or repair.<br />

(6) Projects proposed by government agencies under this Section as recommended<br />

within the Skokomish River Comprehensive <strong>Flood</strong> Hazard Management Plan<br />

shall be evaluated on a case-by-case basis. The Administrator shall include the<br />

following considerations in making an evaluation:<br />

(i) Recommendations of applicable study;<br />

(ii) Provisions of this <strong>Ordinance</strong>;<br />

(iii) Project-specific engineering;<br />

(iv) Public benefit;<br />

(v) All applicable regulations.<br />

(7) All approved permits shall require the monitoring of performance which shall<br />

include, at a minimum, a post-construction inspection for compliance with the<br />

conditions of approval. Additional inspections may be required when<br />

recommended by the engineering report or the <strong>County</strong> Engineer. Monitoring<br />

shall be established as a condition of approval.<br />

Projects proposed by WSDOT under this Section and receiving Federal<br />

Highway Administration funding shall be consistent with the recommendations<br />

within the Skokomish River Comprehensive <strong>Flood</strong> Hazard Management Plan and<br />

shall be evaluated on a case by case basis. The Administrator shall include<br />

the following considerations in making an evaluation and issuing a permit:<br />

(i) Recommendations of project specific studies prepared by or on behalf of<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 26<br />

Effective August 18, 2008


WSDOT;<br />

(ii) All other provisions of this ordinance do not apply;<br />

(iii) Project specific engineering shall be completed in accordance with the<br />

WSDOT Design Manual;<br />

(iv) Provide a public benefit;<br />

(v) Provide less than a cumulative one foot rise in the proposed 100 year<br />

flood fringe as determined by a step backwater analysis or higher. The<br />

cumulative total rise will consider projects that have been approved as well<br />

as projects that are planned to be approved.<br />

(vi) Compliance with all applicable state and federal regulations<br />

<strong>Mason</strong> <strong>County</strong> <strong>Flood</strong> <strong>Damage</strong> <strong>Prevention</strong> <strong>Ordinance</strong> 27<br />

Effective August 18, 2008

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!